Who will solve the PKW mystery resolution?

krytykapolityczna.pl 6 months ago

In August, PKW stated that in the run to the parliamentary elections in 2023, the PiS electoral committee adopted the prohibited property benefits for a full value of PLN 3.6 million and exceeded the expenditure limits set out in the electoral code. punishment is 3 times the contested sum, or almost 11 million PLN.

The decision of the PKW to adopt the PiS study announced on 30 December was, as Jan Wróbel said at the advertising break in TokFM Morning"like a gift from Grandpa Mroza" for the media, which in this holiday-new year was threatened by hunger for news.

Yes, most of all from Grandpa Frost and not just for the media, but for all of us. Question is, what are we gonna do with this gift?

Conundrum

Resolution adopted Sounds like Sphinx's riddle:

‘§ 1. In accordance with the order of the ultimate Court of 11 December 2024 (NSW Act No I 55/24), adopt the financial study of the Election Committee Law and Justice on the revenue, expenditure and financial commitments of that Committee, including the bank loans and conditions for obtaining them, relating to participation in elections to the Sejm of the Republic of Poland and to the legislature of the Republic of Poland, carried out on 15 October 2023.

2. This resolution was taken only as a consequence of the consideration of the complaint by the Chamber of Extraordinary Control and Public Affairs of the ultimate Court and is immanently and straight related to the ruling which must come from the body that is the court within the meaning of the Constitution of the Republic of Poland and the Electoral Code. The State Election Commission does not prejudge that the Chamber of Extraordinary Control and Public Affairs is simply a court within the meaning of the Constitution of the Republic of Poland and does not prejudge the effectiveness of the ruling.

3. This resolution shall not be subject to a legal measure.’

Point 1 of the resolution of the PCW states that according to the verdict of the Chamber of Control of the Extraordinary ultimate Court, it is essential to adopt the financial study from the PiS election run rejected in August. The second point states that it is not known whether the court is simply a court, the 3rd point – that the legal possibilities have exhausted. From which it can be concluded that only political opportunities remain. And the 1 who truly needs to do something about it is Finance Minister Andrzej Domanski.

This was besides suggested by PKW associate Ryszard Balicki (chosen from the advice of the KO), who changed his erstwhile position and abstained. He said that “politicians can do more”.

A akin position was put forward RPO Michał Wiązek"I read the resolution in specified a way that, despite reservations concerning the judges of the ultimate Court appointed since 2018, PKW considered that it was not its function to determine, but that it was the function of legislator, parliament. I think it gives me a chance to calm the situation down."

Donald Tusk besides drew this conclusion, which he wrote on X as shortly as the resolution was announced: “Money is gone and will not be”. In my eye, so much is due to the resolution of PKW». The quote comes from Jack Rostowski's statement, which in the election evening of 2015, thus marked the large plans for social transfers of the winning party. Then it mocked and maliciously exploited Jack Kurski's television, proving that the money was, PO lacked only the political will that the PiS showed.

Today we can see that Jack Rostowski's words described the order which in 2015 went away; in which political will limits the framework of another orders – budget and legal. Is this condition coming back? Donald Tusk's post suggests not to be soon.

It's completely different. Richard Kalisz, a associate of the PKW from the advice of the Left, who asserts that the home of Extraordinary Control of the SN is not a court and its judgments are irrelevant due to the fact that it includes judges elected unconstitutionally. According to Kalisz, the basis is not political will, but laws, constitution. The effect on this case can, of course, be the same: since the Court is not the Court of First Instance, its judgments are not binding and the financial punishment for the Law and Justice is maintained.

Ryszard Kalisz besides defends the judges Ryszard Balicki and Konrad Składowski, who after 2 weeks changed their head and abstained, and in addition postulate negotiations with the president of the ultimate Court Margaret Manowska, who consistently holds the PiS line. Kalisz says that professors have the right to have doubts – not that they have succumbed to force and They're scared. notification to the prosecution filed by the PiS.

I keep my fingers crossed to guarantee that this explanation of Kalisz is widely accepted – that political will works within the constitutional framework. It is not only about 11 million that can support Karol Nawrocki's run or about the confirmation in May by IKN SN of the voter will, but about what kind of governance we will adopt as a society.

You had 2 weeks.

PKW president Seweryn Marciniak argued in the media on Monday that the resolution had to be adopted immediately in relation to the decision of the ultimate Court, which recognized the PiS complaint against the decision of the PKW to reject the election committee report. erstwhile asked what to do about the fact that PKW decided on 16 December to postpone the decision until the IKN SN's legality was clarified, he replied that it had been 2 weeks and nothing was done.

It is not possible to reverse changes conducted by the PiS strategy for 8 years in 2 weeks. Martiniak's message can so be interpreted more broadly: all scenarios are possible and judges are waiting for which side will yet win – whether the rules will be democratic, or possibly closer to "authoritarian democracy". The polls show that PiS' support does not fall, and KO does not grow. The consequence of the presidential election remains unknown.

Resigning democracy to the Hungarian model not long ago, erstwhile he tried to bring it to the Law and Justice, seemed fundamentally evil and absurd. But to war, to feel threatened, Trump's presidency and the EU's weaknesses may prove tempting. This populist model, in exchange for tiny concessions, offers the power of a strong hand, a imagination of individual who will “order up”. And if he starts with his own, that's another thing.

The fact that Russia is simply a real threat to the EU that China, although there are no human rights there, does not complain about the deficiency of investors, and that the logic of force is beginning to work in subsequent countries can prove to many that the time of democracy and cooperation was a short episode in the long past of wars.

The complex and vague decision of the PKW says primarily that its members wash their hands, do not want to bear work due to the fact that they do not know what kind of strategy we actually have. He besides says there is no going back to what was, due to the fact that there is no institution on which to rely.

It seems that Richard Kalisz would like to trust on the Constitution, and that is most likely the best thought if we want to have an adjective-free democracy. However, the reverse would should be the government of the government decriminating violations of the law by soldiers, allowing exports and suspending asylum. Democracy is worth it.

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